Introduction: Reflecting on the human right to social security

Constitutional right to social security

The article is devoted to the current state of social protection of citizens of Ukraine. The issue of social human rights and standards of regulation, provision and protection of social human rights in Ukraine. The study of existing international standards for the regulation, provision and protection of social human rights, which in connection with the development of society are gaining more and more importance, as they are designed to guarantee people a decent standard of living. The development of human social rights is analyzed, as well as the analysis of international mechanisms and standards for their observance and protection. It is justified that the state should have a wide range of measures aimed at ensuring maximum coverage by the social protection system. The main focus is on the existing gaps in the field of social security, which may hinder the economic recovery of the country. It is proposed to pay more detailed attention in further research to the comprehensive development of mechanisms for ensuring and protecting social human rights and their improvement in connection with the constant challenges of modernity. Key words: social protection, international standards of social rights, human rights activities, human and citizen rights and freedoms, constitutional reform.

This paper examines the Chinese social protection system within a broader framework. First, it points out some of the valuable U.S. experience. It then discusses policy implications that are relevant to the current reform in China. From the U.S. experience, ten suggestions are proposed on how to establish a social protection system with Chinese characteristics. Specially, this paper suggests that China (1) reform the social protection system gradually, (2) broaden and improve social assistance and welfare programs, (3) encourage the development of private insurance, (4) establish a social protection system with multiple layers, (5) determine insurance benefits based on basic needs, (6) ensure adequate funds for all social protection programs, (7) establish an income record system, (8) establish a poverty-line system, (9) establish a social protection trust fund commission, and (10) unify the management and administration of social protection programs. Introduction The social protection system of the United States has been evolving for many years. It has accumulated a vast amount of experience through path-breaking changes and reforms. Some of this experience is general and broad. Although it has emerged in the design of a social protection system of a developed country, it can be used to help formulate social protection policies for developing countries. Therefore, to the extent that the U.S. experience reflects basic principles of social protection, people in China should be able to learn from this in order to shorten the process of trial and error, and thus save a tremendous amount of time and money. In so doing, we should not ignore the differences in each country s social, political, and cultural backgrounds. We need to examine the development of the U.S. social protection system and selectively recommend those elements that are relevant to the special conditions existing in China. There is a growing literature on the subject of social security reform in China (Deng et al., 1997; Hussain, 1994; Liu, 1991; Liu et al., 1994; Song et al., 1998; World Bank, 1997). However, most previous articles have focused on pension system and health-care reforms. Little has been done in other social protection areas such as social assistance, welfare programs, and private insurance. In this paper, we examine Chinese social protection within a broader framework. First, we point out some of the valuable U.S. experience that can help develop a better Chinese social protection system. We then discuss policy implications that are relevant to the current reform in China. From the U.S. experience, we propose ten suggestions on how to establish a social protection system with Chinese characteristics. Reform the Social Protection System Gradually The U.S. social protection system has evolved gradually over decades. Although politics was involved in the system development and expenditures on some programs at times exerted pressure on government fiscal imbalances, the system has not suffered serious consequences as in many other western countries. This is because the introduction of different types of benefits and the determination of benefit payments in the U.S. have been based on the actual economic status of the country. When the Social Security Act was first promulgated in 1935, for example, retirement benefits were limited to the worker himself/herself. In 1939, the Congress made the Old-Age Insurance system a family program when it added benefits for dependents of retired workers and surviving dependents of deceased workers. Benefits to husbands, wives, and widowers of 65 and over were started in 1950. The scope of the basic national social insurance system was significantly broadened in 1956 through the addition of Disability Insurance. Benefits were provided for severely disabled workers aged 50 or older and for adult disabled children of deceased or retired workers. Benefits to dependents of disabled workers were added in 1958. …

Introduction Economic variables must be taken into account in any attempt to develop social health protection systems. However, such variables should not blind us to the importance of social protection as a civic right and as an effective way to improve the well-being of the population, with a resulting positive effect on the economy. Building or reforming social health protection systems involves a complex combination of political, social and technical factors and strategies. Reforms often call for major changes in resource allocation and in the distribution of power and thus evoke fear and resistance among small but powerful segments of society. This paper briefly describes attempts made by Morocco and Algeria to reform their social health protection systems. Evolution of social health protection systems The measures taken in Morocco to reform social health protection spanned the period from 2002 to 2006. Before 2002, several coexisting optional health insurance schemes covered only 17% of the population. A system of certificates of indigence was operating in parallel and still exists today. Individuals who consider themselves indigent may submit a request to local authorities to receive a certificate granting them access to subsidized hospital care in public facilities. Such a system is universally criticized for being plagued by serious malfunction. (1) In 2002, after several abortive attempts at reform, the Youssoufi government (1997-2002) pushed through a framework law (No. 65-00) on basic medical aimed at phasing in universal coverage for the Moroccan population. This law has two components: compulsory health insurance (Assurance maladie obligatoire, AMO) and medical care (Regime d'assistance medicale, RAMED) for persons in need. While the initial decrees on AMO, which were passed in 2005, only concerned the formal sector, in 2007 the Jettou government (2002-2007) extended coverage to self-employed professionals outside the AMO, through a plan known as Inaya. The RAMED, under pilot-testing in one province, had not yet come into being. With independence in 1962, Algeria inherited a fragmented social protection system with disparities in the population and services covered. Beginning in 1970, the government implemented a series of measures to harmonize and unify social protection schemes. Major health programmes were launched, and the decision to provide public sector health care for free was made in 1974. By 1983 this trend had been consolidated through the unification of social security plans. The nationalization of natural resources, the growth of oil revenues and the launch of a vast movement to industrialize the economy and pay fair salaries to the economically active population provided the foundations for the extension of social protection. This top-down way of building a broadened social protection system and health insurance plan was relatively successful for as long as the central government had substantial financial resources and continued to rapidly develop salaried employment in the public sector. The system covered almost all risks (disease, maternity, disability, death, retirement, work injuries, unemployment, etc.) for more than 85% of the population. In 1988, however, oil revenues slumped, marking the end of the social consensus based on the redistribution of income. This ushered in a protracted and exceptionally violent political, economic and social crisis. Economic constraints for Morocco Despite an annual increase of more than 4% in its per capita gross domestic product over the last decade, Morocco's economic status remains modest, with an annual per capita income still less than 2000 US dollars. Moreover, this economic growth has not significantly reduced the unemployment rate, which is 16% in urban areas, or the poverty level, with 15% of the population being poor and 23% economically vulnerable. …

The article substantiates the need for professional training of social workers for social protection in the context of modern international requirements. The international documents defining the basic human right to social protection - the International Covenant on Economic, Social and Cultural Rights, as well as the Declaration of Human Rights are noted. Reflects the activities of international organizations that deal with the problems of social protection of the population (UN, ILO, UNICEF, IFSP). The strategic directions of improving the work of social services in the world in the system of social protection of the population are disclosed. The most important documents that determine the characteristics and specifics of social protection of the population for all countries of the world, including « Social Protection Floors Recommendation » (2012), « World Social Protection Report 2014/15. Building economic recovery, inclusive development and social justice » (2014), « Statement on the role of social work in social protection of the population » (2014), « A shared mission for universal social protection » (2015), « The role of social work in social protection systems: general social rights Protection Report » (2016), « World Social Protection Report 2017-19. Universal social protection to achieve the Sustainable Development Goals » (2017), « Report of the Special Rapporteur on extreme poverty and human rights » (2019).

Toward a post‐neoliberal social citizenship?

Problem setting. In the transition to a market economy, social rights acquire a fundamentally new meaning, as they are designed to guarantee radical changes in the socio-economic situation of man as a participant in market relations. The Constitution of Ukraine reflects a wide range of social rights of a person and a citizen to work, leisure, social protection, health care, medical care, health insurance, family protection, childhood, motherhood and fatherhood, education, etc. One of the central and universally recognized in the system of social rights of citizens is the right to social protection, the requirement of which is embodied in international acts ratified by Ukraine. The right to social protection is guaranteed by the obligatory state social insurance at the expense of insurance contributions of citizens, enterprises, institutions and organizations, budgetary and other sources of social security, as well as the creation of a network of state, municipal and private institutions for the care of the disabled. Without these guarantees, this right becomes an intention (wish) in the relevant field, has no practical value either for the individual or for society as a whole. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V. M. Andriyiv, D. V. Bozhko, N. B. Bolotina, M.M. Klemparsky, O. L. Kuchma, K. Yu. Melnyk, O. V. Moskalenko, P. D. Pilipenko, S.M. Prilipko, V. I. Prokopenko, O. I. Protsevsky, S. M. Sinchuk, I. M. Orphan, B. I. Stashkov, O. V. Tishchenko, L. P. Shumna, M. M. Shumylo, O. M. Yaroshenko, and others. Target of research to consider compulsory state social insurance as a guarantee of the right of citizens to social protection due to accidents and occupational diseases at work. Article’s main body. The main guarantee of a person’s right to social protection due to accidents and occupational diseases at work is compulsory state social insurance. The task of social insurance against accidents at work and occupational diseases that have caused disability is to carry out preventive measures aimed at eliminating harmful, dangerous production factors; prevention of accidents at work, other cases of threat to the health of the insured, caused by working conditions; restoration of health and working capacity of victims at work; compensation for damage related to the loss of insured persons’ wages or the relevant part of it during the performance of their duties, provision of social services in connection with damage to health, as well as in the event of their death, making insurance payments to incapacitated members families. Confirmation of the central place of social insurance against accidents and occupational diseases at work in the system of guarantees of the right of citizens to social protection can serve as indicators of the cost of material support in this area. Conclusions and prospects for the development. As a result of studying the place and role of compulsory state social insurance in the system of guarantees of the right of citizens to social protection due to accidents and occupational diseases at work, we can state that the right to social protection is one of the central and universally recognized social human rights. Compulsory state social insurance is the main material guarantee of the realization of the right of citizens to social protection due to accidents and occupational diseases at work. Its main essence and purpose are to receive the insured person in the event of an insured event from the insurer of material support (temporary disability benefits, burial) and social services (payment for treatment in the rehabilitation departments of the sanatorium after illness and injury) at the expense of the insured.

This scientific article is devoted to the current issue of the year – the development of the social sphere and ways to improve the social protection of the Ukrainian population. The purpose of this article is to investigate the peculiarities of formation and development of the system of social protection of the population, its analysis and suggestions for improvement of the system of social protection of Ukraine. The research has revealed that an important place in the social policy of present-day Ukraine belongs to the system of social protection of the population. The extensiveness of social protection of the population depends on the social policy being reversed and, accordingly, on the volume of its financial support. Through the system of social protection are achieved certain goals of social policy, in particular the system of social protection. The main indicators of the standard of living of the population and social assistance programs, which were implemented in 2019, are reviewed. Based on the analysis of the state of social security of certain categories of people, the research identified the main directions of state regulation in the sphere of social protection of the population that require improvement. The Concept of Implementation of the State Policy on Social Protection of Population and Protection of Children's Rights. The implementation of this Concept, in our opinion, will increase the efficiency of social protection of the population due to the professional capacity of the social protection system employees, also to exercise control over the observance of legal requirements while providing social support and protection of children's rights.

The article examines some aspects of research into theoretical knowledge about human rights to social protection. Social protection of the population is one of the defining directions of the state’s social policy, the implementation of its social function. Even with the traditional nature of the issues of social protection for sectoral legal sciences, a significant number of general theoretical aspects related to the essence of social protection require careful rethinking and further constructive coverage. The law of social protection is developing on the basis of new concepts and principles. Its scope includes new social relations that were not previously included in the area of legal regulation. In the time since Ukraine gained independence until today, perhaps no other branch of law has undergone such cardinal changes. The social function of the state is diverse in content and significant in the scope of its activities. Its main purpose is to eliminate or mitigate possible social tension in society, to equalize the social status of people, to develop healthcare, education and culture. This clearly reflects the goal of the state - to ensure a decent existence for a person, free development of the personality, protection of the family, social justice and social security. The main content of the social function of the state is socio-economic human rights. The formation of the concept of human rights and the social state are considered as two mutually dependent processes, because the formation of a social legal state was historically and logically preceded by the recognition of the concept of human rights and freedoms. In legal literature, the basic social rights and freedoms of a person and a citizen are understood as a set of constitutional rights of a person (or only a citizen of a particular state), which enables his claims to receive certain material benefits from the state under appropriate conditions. The basic social rights and freedoms of a person are designed to ensure the last decent standard of living, the right to work, the right to housing, the right to free medical care, etc. One of the social rights that the state guarantees and must ensure is the right to social protection. However, the implementation of rights in the field of social protection requires the state not only to proclaim such rights, but also to foresee a legal mechanism for their provision (specific grounds, conditions and procedure for exercising the right, obligated subjects) and a financing mechanism. It should be noted that the legal mechanism for the implementation of human rights in the field of social protection has significant differences in states of different socio-economic orientation. It is noted that social protection is associated with the social policy of the state, which is implemented in the interests of the main social groups of the population. Therefore, social policy is understood as the purposeful activity of clearly defined subjects, primarily the state, aimed at regulating social relations, social needs and interests of various groups of the population, related to ensuring their well-being and personal development.

In general, the social protection (SP) system consists of two main blocks: social insurance (SI) and social assistance (SA). The main idea of SP is to leave no one behind, support in times of social risks. However, SI and SA systems are usually developed and improved separately. Organization for Economic Cooperation and Development (OECD) and European Commission (EC) often emphasise that expenditure on the SP system in Lithuania is scarce, income poverty and inequality are critical, not improving. This raises the question of whether both elements of SP in Lithuania are based on the same criteria to achieve consolidated SP and avoid its gaps. This paper aims to identify evaluation criteria, look at the Lithuanian SP system through its main benefits, and identify whether people are protected. The analysis consists of a literature review, which helps identify evaluation criteria for the SP system, and Lithuanian analysis based on evaluation criteria for 2018–2022 policy years. Three main criteria for SP benefits evaluation are identified: coverage, adequacy, and incentives to work. To make an in-depth analysis of the SP system in Lithuania, the tax-benefit microsimulation model EUROMOD is used to analyse different households’ poverty and unemployment traps and test whether the current SP system contributes to them. It was expected that this research would help to shed a light on how well Lithuanian SI and SA function simultaneously. Results show that SP system compatibility in Lithuania is above average, the weakest part is coverage.

Досліджено процеси формування та набуття соціальними правами правового спрямування на основі законодавчого досвіду країн європейської спільноти. Проаналізовано еволюцію функцій держави в умовах набуття соціальними правами юридичного спрямування. Зауважено, що важливим аспектом у роботі цього напряму є аналіз міжнародних стандартів, стандартів Ради Європи та Європейського Союзу щодо реалізації та забезпечення соціальних прав людини.

The Welfare System of Lithuania

PAHO is committed to promote gender equality in health status and health development through research, policies, and programs which give due attention to gender differences in health and its determinants. To achieve this PAHO’s Gender Equality Policy is implemented as a cross-cutting policy. All directions and programs of PAHO implement actions in their respective field of expertise, and actively promote equality between women and men. This policy reflects PAHO’s unwavering commitment to the principles of equity, respect for human rights, and the exercise of citizenship, in addition to its determination to actively participate in global efforts to eliminate all forms of gender discrimination. The ultimate goal is to achieve gender equality. PAHO has created Gender Observatories since 2009, as channels for monitoring and tracking public policy, anticipating emerging social developments, and gaining empirical evidence, based on official data, regarding the Status of women, and their inequalities in relation to men. Despite all the efforts, the balance remains to be unequal because of the conditions under which women join the formal and informal sectors. These determine their opportunities to benefit from social protection in health schemes, access and out-of-pocket expenditures. Although several types of schemes were developed during the last two decades to reform social protection systems, they still have significant differences in access for women and men. Women generally are excluded from social security because most of them are in low-productivity informal sectors, limiting their autonomy and empowerment. Women have fewer opportunities to access contributory health protection systems caused by the limitations of the labour market (segregation, no contracts, salary gaps, lack of social benefits); The unpaid workload of caregivers as a major factor limiting job opportunities (increasing due to NCDs and ageing population); Women’s working conditions limit their access to pension and retirement plans with health coverage (Women access much less pension and retirement benefits); and, Women pay more out-of-pocket expenses (higher due to service demand and car for family). In 2017 World Woman’s day, PAHO called for action to overcome barriers to accessing social protection in health in the reforms of social protection systems. Social health protection policies must be based on the right to health, addressing and responding to the specific needs of women’s different situations. The following recommendations included: avoiding to linking access to social protection in health schemes to formal employment or contributory schemes; increase and improve health insurance coverage, with equity, efficiency, and sustainability, promoting the elimination of direct payment at the point of access to health services, as well as eliminating additional payments by women due to their reproductive role; offer comprehensive health services for women in basic services schemes (in addition to sexual and reproductive health care); and, develop social policies that address the issue of unpaid care in the home, without perpetuating the role of women as caregivers. It is necessary to seek a fair distribution of labour among the state, the community, the private sector, and households—and within households, between men and women.

Досліджено сучасні підходи до реалізації регіональної соціальної політики. Акцентовано увагу на важливості програм соціального захисту населення при реалізації регіональної політики у соціальній сфері. Розроблено механізм забезпечення ефективності виконання програм соціального захисту населення, який охоплює основні напрями соціального захисту населення в регіоні.

The article reveals the issues connected with the legal characteristic of the right to social assistance in the present conditions. The peculiarities of the formation of the right to social assistance through the prism of the right to social protection are analized. The key role of social assistance among types of social security is noted. The article emphasizes the need to take into account European social standards in shaping the latest system of social benefits. The emphasis is put on certain types of state and social insurance assistance. The basic tendencies of development of the legislation on social assistance are discussed.It is noted that the right to social assistance is a complex, systematic social right which includes the possibility for a person to receive financial support in the form of a cash in the event of full, partial, or temporary loss of disability, loss of breadwinner, unemployment from circumstances independent of them, as well as in old age and in other cases, in the manner prescribed by law. The main features of the right to social assistance are as follows: complex and systematic social rights; stems from the content of the right to social protection; functions in state and non-state social protection and social insurance system; the object is social assistance and its individual types; entitled persons are mainly socially vulnerable categories of persons who can not independently provide their livelihoods on an adequate level; as a rule, guaranteed when the person is not entitled to a pension; subject mainly to legislative regulation, a special place in which belongs to the law on the State Budget for the relevant year; characterized by the existence of specific mechanisms for implementation, guarantee and legal protection; determined, as a rule, in relation to the subsistence minimum; to be monitored, supervised and controlled.It is obvious that in the current situation, an important social strategy should be further harmonization of the size of the subsistence minimum with a sufficient standard of living, which will ensure the proper level and quality of life of eligible persons, including by agreeing the subsistence minimum for able-bodied and disabled people to a higher level.In the context of the reform of social protection, the reform of social assistance should be carried out through the prism of reforms of the system of state social protection; reforms of the social insurance system; development of non-state social protection; increasing the effectiveness, efficiency and accessibility of the right to social assistance; systematization and codification of legislation on social protection.The main tendencies of legislative provision of the right to social assistance are as follows: organization of systemic economic reforms; organization and implementation of social protection reform, taking into account international and national experience; ensuring the effectiveness, accessibility and effectiveness of implementation mechanisms, guaranteeing and legal protection of the right to social assistance and its separate types; implementation of state and public support; the latest systematization and codification of legislation on social protection; introduction of effective monitoring, supervision and control. In this aspect, the issue of elaboration and adoption of the Social Code of Ukraine as a single, codified law, which has a complex regulation of relations in the field of social security (social protection), including social assistance, is of great importance.Article received 10.07.2018